ILLINOIS POLLUTION CONTROL BOARD
June 6, 2002
GERE PROPERTIES, INC.,
Petitioner,
v.
JACKSON COUNTY BOARD and
SOUTHERN ILLINOIS REGIONAL
LANDFILL, INC.,
Respondent.
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PCB 02-201
(Third-Party Pollution Control Facility
Siting Appeal)
ORDER OF THE BOARD (by T.E. Johnson):
On May 15, 2002, Gere Properties, Inc. (Gere) filed a petition asking the Board to
review an April 10, 2002 decision of the Jackson County Board (Jackson County). Jackson
County granted Southern Illinois Regional Landfill, Inc.’s (SIRL’s) application to site a
pollution control facility in Jackson County. Gere appeals on the grounds that that Jackson
County’s decision that the proposed facility is necessary to accommodate the waste needs of its
intended service area is against the manifest weight of the evidence. For the reasons set forth
below, the Board accepts the petition for hearing.
THIRD-PARTY APPEAL
Section 40.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/40.1(b) (2000))
allows certain third parties to appeal a local government decision granting approval to site a
pollution control facility. Third parties who participated in the local government’s public
hearing and who are so located as to be affected by the proposed facility, may appeal the siting
decision to the Board. 415 ILCS 5/40.1(b) (2000); 35 Ill. Adm. Code 107.200(b). The
petition for review must, among other things, specify the grounds for appeal and include a
copy of the local government’s siting decision. 35 Ill. Adm. Code 107.208. The third party
must file the petition within 35 days after the local government approves siting. 415 ILCS
5/40.1(b) (2000); 35 Ill. Adm. Code 107.204. Unless the Board determines that the third
party’s petition is “duplicitous or frivolous,” the Board will hear the petition. 415 ILCS
5/40.1(b) (2000); 35 Ill. Adm. Code 107.200(b).
Gere’s petition states that it participated in Jackson County’s public hearings and that it
is so located as to be affected by the proposed facility. Gere specifies the grounds for the
appeal and includes a copy of Jackson County’s siting decision. The petition meets the content
requirements of 35 Ill. Adm. Code 107.208. Gere also filed its petition within 35 days after
Jackson County approved siting.
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HEARING AND DECISION DEADLINE
An action before the Board is duplicitous if it is “identical or substantially similar to
one brought before the Board or another forum.” 35 Ill. Adm. Code 101.202. An action
before the Board is frivolous if it is “a request for relief that the Board does not have the
authority to grant” or “fails to state a cause of action upon which the Board can grant relief.”
Id.
No evidence before the Board indicates that this action is duplicitous or frivolous. The
Board accepts Gere’s petition for hearing.
Gere has the burden of proof. 415 ILCS 5/40.1(b) (2000);
see also
35 Ill. Adm. Code
107.506. Hearings will be based exclusively on the record before Jackson County. 415 ILCS
5/40.1(b) (2000). Hearings will be scheduled and completed in a timely manner, consistent
with the decision deadline (
see
415 ILCS 5/40.1(a), (b) (2000)), which only SIRL may extend
by waiver (35 Ill. Adm. Code 107.504;
see also
35 Ill. Adm. Code 101.308). If the Board
fails to take final action by the decision deadline, SIRL “may deem the site location
approved.” 415 ILCS 5/40.1(a) (2000). Currently, the decision deadline is September 12,
2002, (the 120th day after May 15, 2002).
See
35 Ill. Adm. Code 107.504. The Board
meeting immediately before the decision deadline is scheduled for September 5, 2002.
JACKSON COUNTY’S RECORD
Jackson County must file the entire record of its proceedings on or before June 20,
2002. The record must comply with the content and certification requirements of 35 Ill. Adm.
Code 107.304, 107.308. Gere must pay to Jackson County the cost of preparing and certifying
the record. 415 ILCS 5/39.2(n) (2000); 35 Ill. Adm. Code 107.306.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on June 6, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
